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Posted by: Karen Belcher on Jan 22, 2020

A subcontractor sought statutory penalties against a prime contractor based on the contractor’s failure to comply with the Prompt Pay Act’s requirement that any retainage withheld be deposited into an interest-bearing escrow account as set forth in Tenn. Code Ann. § 66-34-104(a). The prime contractor moved to dismiss the complaint, asserting that the claim was barred by the one-year statute of limitations applicable to statutory penalties, Tenn. Code Ann. § 28-3-104(a)(1)(C). The trial court granted the prime contractor’s motion and dismissed the complaint. On appeal, we hold that the discovery rule applies to this type of claim for statutory penalties under the Prompt Pay Act and remand for further proceedings.

Posted by: Karen Belcher on Jan 22, 2020

Floyd McCall (“Employee”) was a truck driver for Ferrell Paving (“Employer”). The parties stipulated that Employee sustained an injury arising out of and in the course and scope of employment on October 6, 2014, and that Employee gave timely notice of the injury. Employee received authorized medical treatment for the injury, paid for by Employer. Employee also received temporary total disability benefits for the period October 7, 2014 to February 5, 2015. Employee did not return to work for Employer following the injury. After being released from his authorized treating physician, Employee subsequently received unauthorized treatment, including surgery on his cervical spine. Employee filed this action seeking additional past temporary disability and medical benefits, permanent partial disability benefits, and future medical benefits. The Court of Workers’ Compensation Claims determined that Employee was not entitled to any additional workers’ compensation benefits. Employee has appealed that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Posted by: Karen Belcher on Jan 9, 2020

MURPHY, Circuit Judge. Since the founding, Congress has adjusted and readjusted the important balance between an individual’s interest in correcting a wrongful conviction and society’s interest in stopping perpetual attacks on final criminal judgments. In the Antiterrorism and Effective Death Penalty Act of 1996, Congress adjusted this balance again, this time by placing greater weight on the finality of completed cases.

Posted by: Karen Belcher on Jan 9, 2020

KETHLEDGE, Circuit Judge. Walter Cardin moved in the district court to vacate his sentence under the federal habeas statute (28 U.S.C. § 2255). Cardin had been hospitalized two days before the motion was due, so his sister signed it for him. Yet for that reason the district court denied the motion. Cardin also moved—after his release from the hospital—to add his own signature to the § 2255 filing. The district court denied that motion too. We reverse.

Posted by: Karen Belcher on Jan 9, 2020

Father appeals the termination of his parental rights, arguing that one ground for termination was not proven and that the trial court’s ruling as to that ground did not reflect its independent judgment and did not include sufficient findings of fact and conclusions of law. After a thorough review of the record, we affirm five grounds for termination and vacate the ground of failure to manifest an ability and willingness to parent the children. We also affirm the trial court’s finding that termination is in the child’s best interest.

Posted by: Karen Belcher on Jan 9, 2020

This is the second appeal concerning the petition filed by the Tennessee Department of Children’s Services (“DCS”) in the Claiborne County Juvenile Court (“Juvenile Court”) to terminate the parental rights of Ed P. (“Father”) to the children, Mahaley P. and Morgan P. (“the Children”).

Posted by: Karen Belcher on Jan 9, 2020

In this parental termination case, the juvenile court found two statutory grounds for termination of a mother’s parental rights: substantial noncompliance with the requirements of the permanency plan and persistence of conditions. The juvenile court also found that termination of the mother’s parental rights was in her child’s best interest. Because the record contains clear and convincing evidence to support the grounds for termination and the best interest determination, we affirm.

Posted by: Karen Belcher on Jan 9, 2020

In this post-divorce proceeding, the mother filed a petition to modify time sharing arrangements between the mother and the father with regard to the minor children of the parties. The parties have been divorced since 2010. The mother also requested a modification of the father’s child support obligation and asked that the father pay for one- half of the children’s past and future medical expenses.

Posted by: Karen Belcher on Jan 8, 2020

CHAD A. READLER, Circuit Judge. Kahwahnas Potts had a habit of breaking into homes. But rather than stealing jewelry or money, Potts had a more intangible target: stealing identities. One of Potts’s many identify-theft schemes was so intricate it required him to break into a victim’s home not once or twice, but three times.

Posted by: Karen Belcher on Jan 8, 2020

JANE B. STRANCH, Circuit Judge. This case began with a report of suspicious individuals walking down a rural road in Tennessee in the early morning hours of July 25, 2016. It ended with an encounter between Anthony Edwards and two Deputies, Jerry Burns and James Patty, that resulted in Edwards’s death. Edwards’s fiancée and his mother sued on behalf of his estate for violations of the U.S. Constitution and Tennessee state law, including a Fourth Amendment claim for excessive force.


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